Allahabad High Court
Raja Bangali Alias Raja vs State Of U.P. Through Its ... on 25 January, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15 of 2022
Applicant :- Raja Bangali Alias Raja
Opposite Party :- State Of U.P. Through Its Principal Secretary , Home Department, Civil Secretariat, Lucknow
Counsel for Applicant :- Ajit Verma,Ranvijai Chaudhari
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0844 of 2020, under Section 307 I.P.C., Police Station P.G.I., District Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State as also learned counsel for private respondent(s) who have opposed the bail.
Gist of the issue involved in the present anticipatory bail application is given in order dated 7.1.2022, which is extracted below :
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The applicant-Raja Bangali Alias Raja, has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in F.I.R. No. 0844 of 2020, under Section 307 I.P.C., Police Station P.G.I., District Lucknow.
Learned counsel for the applicant submits that the F.I.R. dated 08.11.2020 was lodged by the S.H.O. of P.G.I., Lucknow alleging therein that on 07.11.2020 at about 11:00 p.m. an informer informed the police party that four accused of incident dated 02/03.11.2020 who were involved in loot and robbery of passengers at Banthra Border, are coming on two motorcycles. The police party acted upon and and on 08.11.2020 at about 12:15 a.m. tried to stop the said accused, but the accused fired upon the police party. Anyhow the police party arrested two accused persons, namely Akshay Nath Bangali and Kunwar Rawat, who told the police that one person who ran away from the motorcycle was the present applicant, Raja Bangali @ Raja. On the search of those arrested accused persons, country made pistols and cartridges were recovered. On their confessional statement the complicity of the applicant came into light.
Learned counsel for the applicant further submits that it is a case of no injury. Nobody from the police party suffered from any injury. All the prosecution witnesses are police personnel. There is no independent witness. The applicant has no criminal history. The applicant has been falsely implicated in the case. Nothing has been recovered from the possession or at the pointing out of the applicant. The co-accused, Kunwar Rawat, who was arrested on the spot, had already been granted bail by the court below.
Learned counsel for the applicant further submits that the co-accused, Vipin Nath @ Vipin Bangali has already been granted interim protection by a coordinate Bench of this Court vide order dated 17.02.2021 passed in Criminal Misc. Anticipatory Bail Application No. 14448 of 2021.
Learned counsel for the applicant further submits that the case of the applicant is not on the worse footing than that of the other co-accused persons, therefore, he is also entitled for grant of anticipatory bail.
Learned counsel for the applicant further submits that the applicant is a permanent resident of Lucknow and there is no chance of his absconding. The applicant undertakes to furnish adequate surety for his release, if he is granted anticipatory bail. He also undertakes to cooperate with the investigation and shall not misuse the liberty of bail granted to him.
Learned A.G.A. opposes the prayer of applicant and submitted that the applicant and other co-accused are involved in firing upon the police party, but he has not disputed the fact that one co-accused, Kunwar Rawat had been granted bail by the court below and another co-accused, Vipin Nath @ Vipin Bangali has been granted interim protection by this Court.
Considering the submissions advanced by the learned counsel for the parties and after going through the contents of F.I.R., and other documents, this Court is of the view that the applicant is entitled for interim protection.
Till the next date of listing, it is provided that in the event of arrest of the accused-applicant, namely, Raja Bangali Alias Raja, involved in F.I.R. No. 0844 of 2020, under Section 307 I.P.C., Police Station P.G.I., District Lucknow, he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing a personal bond of Rs.50,000/- with the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by the police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer; and;
(iii) That the accused-applicant shall not leave the country without the prior permission of the Court.
However, it is directed that the accused-applicant will join and participate in each and every aspect of investigation and will lend due assistance to the Investigating Agency, even with regard to the discovery of facts, if and when required so by the Investigating Agency.
List/ put up this case on 24.02.2022 for final disposal.
In the meanwhile, learned A.G.A. may file counter affidavit within three weeks.
The applicant, if so advised, may file rejoinder affidavit within one week thereafter."
Considering the fact that the applicant was granted interim protection vide order extracted above, he has cooperated in the investigation and further undertakes to cooperate in the trial, it is a case of no injury and without expressing any opinion on the merit of the case, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above. the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 25.1.2023
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